Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

피고인은 2016. 7. 24. 03:00 경 경북 청도군 D에 있는 E 펜 션에서 친구 F, F의 여자친구인 피해자 G( 여, 26세) 등 8명과 함께 술을 마신 후 펜 션 다락방에서 잠들어 있는 피해자의 가슴, 귓 볼 등을 만지고 하의를 모두 벗기고 간음하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental and physical loss or non-recoverable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on internal investigation (the photographing of H letters);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In light of the circumstances indicated in the records of this case, such as the background of the crime, the relationship with the victim, the relationship with the victim, the criminal record (no record of any sexual crime) and the circumstances after the crime, etc., there is a risk of recidivism or recidivism of a sexual crime against the accused, in light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) of the Act on the Protection of Juveniles from Sexual Abuse;

It is difficult to readily conclude.

In light of the degree of exercise of the instant tangible force, the Defendant’s age, sexual conduct, family environment, social relationship, etc., in full view of all the circumstances, including the fact that the registration of personal information and orders to complete sexual assault treatment programs alone appears to have the effect of preventing the Defendant’s recidivism and protecting the juveniles from sexual crimes, there is a special circumstance that may not disclose and notify the Defendant’s personal information.

[Determination]

When a conviction against a defendant who registered a new personal information becomes final and conclusive, the defendant shall be personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.